Following a jury trial for a motor vehicle accident, the court ruled on post-verdict issues including the statutory threshold and deductibles.
The court found the plaintiff met the threshold for permanent serious impairment due to a somatic symptom disorder.
However, the court held that the increased statutory deductibles enacted in August 2015 applied retrospectively, which reduced the jury's non-pecuniary and Family Law Act damage awards to zero.
After applying set-offs for statutory accident benefits, judgment was issued for the plaintiffs in the amount of $56,294.98.